RFQP02101400010_MEAT.pdf

Re: RFQP02101400010

U.S. Department of Justice Federal Bureau ofPrisons Federal Correctional Institution P.O. Box 38 Fort Dix, New Jersey 08640

February 20, 2014

Dear Offeror: This letter precedes a solicitation package for various subsistence items for delivery to Federal Bureau of Prisons, MCC, NY. This package contains all necessary information for you to submit a price quote to the government. The following MUST be completed and submitted with your offer.

Standard Form (SF) 1449 -Solicitation/Contract/Order for Commercial Items and continuation sheets

Quoters are advised the government reserves the right to make single or multiple awards based on best value. The Government will award to the responsible quoter(s) whose quote, conforming to the solicitation, is most advantageous to the Government based on best value/past performance. Best value/past performance will be determined by evaluating each quotation for one or more of the following: price, past performance, quality, comparison with other offers, and administrative cost. Line item quantities are for delivery as required by Federal Bureau of Prisons, MCC, NY. Please quote only on those items specified. Do not change the item description or the unit of issue. Do not use phrases such as "Minimum award amount", "Allow none", or any other phrases that would limit the government from awarding by line item. ANY

CHANGES TO THE SOLICITATION CAN RESULT IN THE GOVERNMENT REJECTING

PART OR ALL OF THE QUOTE SUBMITTED. Be sure to complete blocks 17a, 23, 24, 30a, 3 Ob, and 3 Oc of SF -1449 and the continuation sheets. Please include your telephone number in block 17a.

The completed package should be returned no later than 2:00P.M., 3/10/2014 to:

Federal Bureau ofPrisons FCI Fort Dix 5756 Hartford Street PO Box 38 Fort Dix, NJ, 08640 Attn: Melinda Jenkins

Contracting Officer or return faxed to (609) 723-2783. Hand-carried quote must be brought to the FRONT LOBBY AREA at the above stated address no later than 2:00P.M., 3/10/2014. You can also email the quote at majenkins@bop.gov (preferred).

YORK RFQP02101400010 Page 1 of 16

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ ~IS DIS NOT A SMALL BUSINESS SET-ASIDE

1. REQUEST NO.

RFQP02101400010

Sa. ISSUED BY

Federal Bureau of Prisons FCI Fort Dix

NE FINANCE CENTER

BLDG 5756 HARTFORD ROAD

FORT DIX, NJ 08640

2. DATE ISSUED

Sb. FOR INFORMATION CALL

NAME

d. CITY

3. REQUISITION/PURCHASE REQUEST NO.

f. ZIP CODE

4. CERT. FOR NAT. DEF. RATING

UNDER BDSA REG. 2

AND/OR OMS REG. 1

6. DELIVER BY (Date) 0110112014

7. DELIVERY

~FOB DESTINATION D

9. DESTINATION

a. NAME OF CONSIGNEE

c. CITY

BROOKLYN

d. STATE e. ZIP CODE

NY 11232

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK Sa ON OR BEFORE CLOSE OF BUSINESS (Dale)

03/10 014 N:OO:OO

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block Sa. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

Delivery Date:

MCC NEW YORK 3RD QTR MEAT FY14

ALL ITEMS MUST BE DELIVERED NO

EARLIER THAN APRIL 1, 2014, NO

EXCEPTIONS. ALL ITEMS MUST MEET

SPEClFlCA TIONS.

See Continuation Sheet(s)

12. DISCOUNT FOR PROMPT PAYMENT

a. NAME OF QUOTER

b. STREET ADDRESS

-c-.~c~o~u~N~TY~------------------------------------------~

d. CITY

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

f. ZIP CODE

0.00% 0.00%

4. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

0.00

1S. DATE OF

QUOTATION

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) S3.21S-1 (a)

RFQP02101400010 Page 2 of 16

Section 2. Commodity or Services SchedM cc r~ EW YORK

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beef, Ground, Regular Grind, 80% Lean, USDA Standard for 8,000.000000 LB $ $ ground beef per 9 CFR 319.15, delivered Frozen, Ground Beef must consist of ch~ped fresh and/or frozen beef without seasoning and without the ad ition of beef fat as such, must not contain more tha t not contain added water, phosphates, binders, or extenders.

When beef cheek meat (trimmed beef cheeks) is used in the ~re~aration of ~round beef, the amount of such cheek meat must e imited to 2 Jercent; No Partially Defatted Tissue, No Advanced

Meat Recovere Product (Pink Slime) (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled 100% Beef or list the inWed1ents on the label and must have the lean to fat ~ercenta~e.

P ODUCT MUST BE IN SEALED BAGS, NO OPEN AGS 0

PACKAGING.

0002 Beef, Ground, Patties, 4 oz., IMPS 1136, Frozen, 80% Lean, 4,000.000000 LB $ $ Frozen, Round in Shape, with Paper Separation or Individually Quick Frozen, Ground Beef Patties must consist of chopped fresh and/or frozen beef without seasoning and without the addition of beef must not contain more than 20 percent fat, and must not contain added water, phosphates, binders, or extenders. No Partially Defatted Tissue, No Advanced Meat Recovered Product (Pink Slime), When trimmed beef cheek meat is used in the preparation of ground beef, the amount of such cheek meat must be limited to 25 percent; and if in excess of natural proportions, its presence must be declared on the label, in the ingredient statement Delivered cases must be labeled 100% Beef or list the ingredients on the label and must have the lean to fat percentage

0003 Chicken, Boneless, Skinless, Raw, White Meat 6,000.000000 LB $ $

(Tender or Breast Meat), Frozen, A or B quality per the USDA, United States Classes, Standards and Grades for Poultry A!Jricultural Marketin~ Service (AMS) 70.200 et seq. Boneless, skinless breasts mus be free of cartilage and fat. Boneless breasts ~excluding the attached tenderloin) must be free of tendons.

endons normally associated with tenderloins are permitted.

Tenderloins or boneless, skinless parts must be free of blood clots, bruises, cuts, tears, and holes in the muscle tissue. Slight discolorations and separation of the muscle tissue is permitted on boneless, skinless parts, provided it does not detract from the a~pearance of the product. Boneless, skinless parts may be diced.

T e dicing process must result in size-reduced portions of meat that are intact, not mutilated, and with surfaces relatively smooth in appearance. Individual size-reduced portions of meat must be relatively uniform in size and shape, and consistent with the size reduction process. No Solution or Ingredients Added, Un-breaded.

Packed in poly b~ boxes. All packaging and packing materials must be clean an in new condition.

0004 Chicken, Leg Quarter 20,000.000000 LB $ $

Raw Ready to Cook, Frozen, U.S. Grade A, U.S. Standards, and Grades for Poultry, Un-breaded. "Le~ quarter" consists of a poult~ thigh and drumstick, with a portion o the back attached. Dellvere amounts are to be uniform in portion size and not random sizing.

Quotes must identify portion size being offered. Leg Quarter portion size not to be smaller than 12 ounces and not to exceed 20 ounces.

Packed in poly b~ boxes. All packaging and packing materials must be clean an in new condition.

0005 Turkey, Boneless, Roast 3,000.000000 LB $ $

Raw, Natural, Boned Rolled and Tied, netted or in roasting pack, 8 -121b Ran~e, Breast Meat (Minimum) 50%, Skin (Maximum6 12.5%, So ium content per 4 oz. serving must not exceed 2 0 mg, Label must have nutritional information to include sodium content per serving.

0006 Turkey Ham, Frozen 500.000000 LB $ $

Fully Cooked Chunked and Formed, ~No ground, MST or Comminuted meat) No More than 20 Yo Water Added, (No Turkey Ham Picnics), All ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safe~ Inspection Service (FSIS) Food Standards and Labeling olicy

0007 Fish, Fillets, Raw 1,000.000000 LB $ $

(Practically Boneless), White meat fish such as: Pollack, Whiting, RFQP02101400010 Page 3 of 16

"'""""· sot•. cod, r''"'"· Etc '""''""'~a,,,, ~C I~ EW vo~~\ V!lt.·

Shatter Pack, 100% net wei~ht, No water a ded or i , fU Fish portion must meet weig t requirements when t awed and drained, Delivered cases must be labeled 100% net weight. (Skin

on) or (Skin off-Skinles~, Grade A orB Based on the United States Standards for Grades o Fish Fillets, 100% fish, Quote MUST indicate if quoted item is (skin-on) or (skin-off), 4 to 6 oz. Solid Fillets

0008 Hotdogs, Beef, Skinless, Cooked 6,000.000000 LB $ $

10 Hotdogs per lb, finished £roducts may not contain more than 30% fat or no more than 10 Yo water, or a combination of 40% fat and added water, The finished product may not contain more than 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name. All ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Standards and Labeling Policy.

0009 Breakfast Sausage, Beef, Turkey or Chicken 1,000.000000 LB $ $

~r combination of), Frozen, (No mechanically separated, omminuted meat), finished products may not contain more than

3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name. All ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety lns~ection Service (FSIS(i Food Standards and Labeling Policy. 2 oz. atties or 2 oz. Links Bidder must specify patty or link)

0010 Bologna, Beef and Turkey or Chicken 500.000000 LB $ $

Artificial Casing 4" to 5" Diameter, Frozen, Finished products may not contain more than 30% fat or no more than 10% water, or a combination of 40% fat and added water, The finished product ma~ not contain more than 3.5% non-meat binders and extenders (sue as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name. All ingredients in the product must be listed in the inredients statement in order of predominance, from highes to lowest amounts in accordance with the USDA FSIS Food Standards and Labeling Policy.

0011 Salami, Beef and Turkey 500.000000 LB $ $

Artificial Casin~ 3.5"- 4.5" Diameter, Frozen, No Organ meat, All ingredients in t e product must be listed in the in~redients statement in order of predominance, from h~hes to lowest amounts in accordance with the USDA Foo Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

0012 Meatball, Beef, 1 oz., Fully Cooked, Frozen 2,000.000000 LB $ $

No More than 20% Added Ingredients, No Organ Meat, finished product may not contain more than 3.5% non-meat binders and extenders (such as nonfat drb milk, cereal, or dried whole milk) or 2% isolated so~ protein may e used, but must be shown in the inredients sta ement on the product's label by its common name, AI ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts.

0013 Burritos, Prepared, Frozen, Beef and Bean 7,200.000000 LB $ $ w/ red or ~reen chilies, Oven Ready, 5-6 Oz, CID A-A-20292, Type II, Favor B & E. The prepared burritos shall have a flour tortilla rolled around the filling and have tucked ends. The filling shall have the characteristic color for the flavor of burrito. There shall be no foreign color to the product.

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RFQP02101400010 Page 4 of 16

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Section 3 -Contract Clauses

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Contract Quality Requirement (Feb 1999)

Price (Aug 1987)- Alternate I (Apr 1984) on Withholding of Payments (Apr 1984) nts For Prompt Payment (Feb 2002) llment Payments for Commercial Items (Oct 1995)

RFQP02101400010 Page 5 of 16

Clause [Title

52.232-25 Prompt Payment (Oct 2008)

52.232-17 Interest (Oct 2008)

52.232-11 xtras (Apr 1984)

52.232-1 Payments (Apr 1984)

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Dec 2007)

52.222-50 Combating Trafficking in Persons (Feb 2009)

~2.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.216-20 Definite Quantity (Oct 1995)

52.216-19 Order Limitations (Oct 1995)

52.216-18 prdering (Oct 1995)

52.211-11 iquidated Damages--Supplies, Services, or Research and Development (Sept 2000)

52.208-9 ~ontractor Use of Mandatory Sources of Supply or Services (Oct 2008)

52.204-7 ~entral Contractor Registration (Apr 2008)

52.204-2 Security Requirements (Aug 1996)

Clauses By Full Text

52.211-16 Variation In Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by con ditions ofloading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

1 0 Percent increase 1 0 Percent decrease This increase or decrease shall apply to 3. * (End of clause) *Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as-

(1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

(End of clause)

52.242-15 Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs al locable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered i ., l i J i i I I I

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RFQP02101400010 Page 6 of 16 to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the perform ance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall al low, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

F A0-0015 Inspecting The Site

[EMPTY CLAUSE TEXT)

FA0-0024 Business Management Questionnaire

[EMPTY CLAUSE TEXT)

52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002)

(a) Contractor entitlement tofinancing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the sup plies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government's security under this contract.

(b) Special terms regarding terminationfor cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at 52.212-4, Contract Terms and Conditions Commercial Items.

(c) Security for Governmentfinancing. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract fmancing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such ad ditional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated fmancing payments as the Contracting Officer at his sole discretion deems repayable.

(d) Reservation of rights.

(1) No payment or other action by the Government under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-l i I

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RFQP02101400010 Page 7 of 16

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(e) Content ofContractor:v requestforfinancing payment. The Contractor's request for financing payment shall contain the following:

( 1) The name and address of the Contractor;

(2) The date of the request for financing payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made; and

(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.

(f) Limitation on .frequency o.ffinancing payments. Contractor financing payments shall be provided no more frequently than monthly.

(g) Dates for payment. A payment under this clause is a contract fmancing payment and not subject to the interest penalty provisions ofthe Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a prop er request for payment.

(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (52.232-31) and the terms in this clause, the terms of this clause shall govern.

(End of clause)

52.232-32 Performance-Based Payments (Aug 2010)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based pay ments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (I) and (m) of this clause.

(c) Approval and payment of requests.( I) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in ac cordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause ofthis contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay ap proved requests on the [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is notre quired to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(l) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Con tractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments .(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based fin ance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation per centage.

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RFQP02101400010 Page 8 of 16

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price ad justments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based pay ments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these ac tions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's--

(i) Failure to make progress; or

(ii) Unsatisfactory fmancial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title. (1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestit ure shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufactur ing aids, title to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by oth er clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termina tion clauses) shall determine the handling and disposition of the property.

( 4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's ap proval, provided that any significant reduction in the value of the property to which the Government has title under this clause is re ported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contract or shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) ofthis clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Gov ernment under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Govern ment acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost, stolen, damanged, or destroyed, the basis of payment (the events or performance criteria) to which the property is related shall be

RFQP02101400010 Page 9 of 16 deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contract or shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, fmancial statements, and other pertin ent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other cri terion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable op portunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquida tion of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights. (1) No payment or vesting oftitle under this clause shall--

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause--

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(I) Content of Contractor's requestfor performance-based payment. The Contractor's request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract's description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (1)(5) of this clause, the Contractor shall make the following certi fication in each request for performance-based payment:

I certify to the best of my lmowledge and belief that--

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on ), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course ofbusiness;

(3) There are no encumbrances (except as reported in writing on against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated ; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

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RFQP021 01400010 Page 10 of 16

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon re quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this I these address(es):

(End of clause)

52.252-4 Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized devi ation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any . ( 48 CFR [insert regulation name]) clause with an author-ized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

RFQP02101400010 Page 11 of 16

Section 4 - List of Attachments

This Section Is Intentionally Left Blank

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RFQP02101400010 Page 12 of 16

Section 5 ·Solicitation Provisions

Act Pre-qualification Designation Notice. (Feb 2009)- Alternate II (Feb 2009)

Act Pre-qualification Designation Notice. (Feb 2009)- Alternate I (Feb 2009)

Act Pre-qualification Designation Notice. (Feb 2009)

Act Block Designation I Certification. (Feb 2009)- Alternate II (Feb 2009)

Act Block Designation I Certification. (Feb 2009)- Alternate I (Feb 2009)

Act Block Designation I Certification. (Feb 2009)

Act Coverage Not Applicable. (Feb 2009)

Provisions By Full Text

52.204-8 Annual Representations and Certifications (Feb 2009)

(a)(l) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service con tract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)( 1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

_ (i) Paragraph (d) applies.

_ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(l) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

RFQP02101400010 Page 13 of 16

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Con tractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expec ted to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Gov ernment.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the con tract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be per formed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the so licitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA--designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Con struction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA -designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-l.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

RFQP02101400010 Page 14 of 16

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Ad justment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

_ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

_(iii) 52.219-22, Small Disadvantaged Business Status.

_(A) Basic.

_(B) Alternate I.

_ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

_ (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

_(vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

_(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA--Designated Products (Alternate I only).

_(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

_ (ix) 52.227-6, Royalty Information.

_(A) Basic.

_(B) Alternate I.

_ (x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifica tions Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by sub mission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applic able to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.120 1); except for the changes identified below. [offeror to insert changes, identifYing change by clause number, title, date]. These amended representation(s) and/or certification(s) are also in corporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005)

The offeror shall check "yes" below if the contract award will result in a required or unilateral change in cost accounting practice, in cluding unilateral changes requested to be desirable changes.

Yes

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RFQP02101400010 Page 15 of 16

No If the offeror checked "Yes" above, the offeror shall-

( 1) Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and

(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

(End of provision)

52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of spe cifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions (June 1988)

The specifications cited in this solicitation may be obtained from:

(Activity) ________ _

(Complete address) ______________________________ _ (Telephone number) ________ _

(Person to be contacted) _________ _

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicita tion.

(End of provision)

52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (June 1988)

(Activity) ________ _

(Complete address) _______________________________ _

(Telephone numb'er) _________ _

(Person to be contacted) _________ _

(Time(s) for viewing) ________ _

(End of provision) l i RFQP02101400010 Page 16 of 16

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

(End of provision)

52.252-3 Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

(End of provision)

52.252-5 Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is in dicated by the addition of (DEVIATION) after the date of the provision.

(b) The use in this solicitation of any [insert regulation name] ( 48 CFR Chapter-:-~~~~~~) provision with an authorized devi ation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of provision)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purpose of evaluating bids, that $500 would be the admin istrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed ad ministrative costs.

(End of provision)